The Overlawyering of America
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American University Washington College of Law4300 Nebraska Ave NW
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Senior Fellow, Cato Institute
Walter Olson is a senior fellow at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and is known for his writing on the American legal system. His books include The Rule of Lawyers, on mass litigation, The Excuse Factory, on lawsuits in the workplace, and most recently Schools for Misrule, on the state of the law schools. His first book, The Litigation Explosion, was one of the most widely discussed general-audience books on law of its time. It led the Washington Post to dub him “intellectual guru of tort reform.” Active on social media, he is known as the founder and principal writer of what is generally considered the oldest blog on law as well as one of the most popular, Overlawyered.com. He has advised many public officials from the White House to town councils and in 2015 was named by Gov. Larry Hogan to be co-chair of the Maryland Redistricting Reform Commission, which issued its report recommendations later that year to acclaim across the state.
Before joining Cato, Olson was a senior fellow at the Manhattan Institute and an editor at the magazine Regulation, then edited by future Supreme Court Justice Antonin Scalia. Olson’s more than 400 broadcast appearances include all the major networks, NPR, the BBC, The Diane Rehm Show, and Oprah.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, Supreme Court Attorney, Cabinet Briard LLP
François-Henri Briard is a Knight of the Legion of Honor, an Officer of the National Order of Merit and a Knight of the Palmes Académiques.
He was a member of the Governing Board of the Bar of the French Supreme Courts (2003-2005).
François-Henri Briard was a trustee of Sarah Lawrence College in New York for eight years. He is President of the Institut Vergennes, a member of the U.S. Supreme Court Historical Society and an honorary member of the Society of the Cincinnati and of the Sons of the American Revolution. He is also an expert with the Federalist Society, a U.S. think tank that focuses on constitutional and judicial issues.
He is a member of the Institute of Consulting Tax Attorneys (IACF) and an associate member of the Academy of Moral Sciences, Letters and Arts of Versailles and Ile de France.
He is a member of the French Navy civilian reserve with the rank of frigate captain and has been awarded a medal by the voluntary military services. On behalf of the Firm, he received the Military Reserve Prize (2011).
Distinguished University Chair and Professor of Law, University of St. Thomas School of Law
Michael Stokes Paulsen is Distinguished University Chair & Professor of Law at the University of St. Thomas, where he has taught since 2007. Professor Paulsen was previously the McKnight Presidential Professor of Law & Public Policy and Associate Dean at the University of Minnesota Law School, where he taught from 1991-2007. He is a graduate of Northwestern University, Yale Law School, and Yale Divinity School. He has served as a federal prosecutor, as Attorney-Advisor in the Office of Legal Counsel of the U.S. Department of Justice, and as counsel for the Center for Law & Religious Freedom.
Paulsen has taught as a visiting professor at Princeton University, Pepperdine University, Georgetown University, Bethel University, Uppsala University (Sweden), Daystar University (Kenya), and University of the Andes (Chile). He has been a guest lecturer at universities around the nation, including Harvard, Yale, Columbia, Princeton, Penn, NYU, Georgetown, Virginia, Stanford, Berkeley, Michigan, University of Chicago, and Northwestern.
Professor Paulsen is the author of more than ninety scholarly articles and book chapters on a wide variety of constitutional law topics, published in law journals including the Harvard Law Review, the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the Michigan Law Review, the Georgetown Law Journal, and the Northwestern University Law Review. He is the author or co-author of three books, including The Constitution: An Introduction (Basic Books, 2015) (co-authored with Luke Paulsen) and the casebook The Constitution of the United States, now in its fifth edition with Foundation Press, co-authored with Michael McConnell, Samuel Bray, and Will Baude.
General Counsel, James Madison Center for Free Speech
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Vice President, Policy & Litigation, Common Cause
Paul Seamus Ryan joined Common Cause as Vice President for Policy and Litigation in October 2016 and has specialized in political law for more than 20 years. He is former Deputy Executive Director of the Campaign Legal Center (2004-16) and Political Reform Project Director at the Center for Governmental Studies (1999-2004). Paul has litigated before courts throughout the nation and has testified as an expert on election law before Congress as well as state and local governments. He has appeared on CNN, MSNBC, Fox News and other news outlets, and is quoted regularly by the New York Times, Washington Post, Wall Street Journal and other news publications. Paul is a graduate of the UCLA School of Law (2001) and the University of Montana (1998).
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Associate Professor of Law, Brigham Young University J. Reuben Clark Law School
Eric Talbot Jensen teaches and writes in the areas of Public International Law, Criminal Law, The Law of Armed Conflict, International Criminal Law, and National Security Law. His recent scholarship has appeared in the Texas, Temple, Houston, and Israel Law Reviews, as well as the Stanford Law and Policy Review, Virginia Journal of International Law, Vanderbilt Journal of Transnational Law, and Stanford Journal of International Law. Professor Jensen is a co-author on an Oxford University text analyzing application of the laws of war to the war on terror and is also co-authoring a law school casebook on the Law of Armed Conflict for Aspen Publishing.
Prior to joining the BYU law faculty in 2011, Professor Jensen spent 2 years teaching at Fordham Law School in New York City and 20 years in the United States Army as both a Cavalry Officer and as a Judge Advocate. During his time as a Judge Advocate, Professor Jensen served in various positions including as the Chief of the Army’s International Law Branch; Deputy Legal Advisor for Task Force Baghdad; Professor of International and Operational Law at The Judge Advocate General’s Legal Center and School; legal advisor to the US contingent of UN Forces deployed to Skopje, Macedonia as part of UNPREDEP; and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard.
Professor of Law, Fordham University School of Law
Professor Andrew Kent teaches and writes about constitutional law, foreign relations law, federal courts and procedure, national security law, public international law, professional responsibility and legal ethics. He received the Dean’s Distinguished Research Award (2016-17) for his scholarship.
After graduating from Yale Law School, Professor Kent clerked for the Hon. Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit and the Hon. Carol B. Amon of the U.S. District Court for the Eastern District of New York. Before joining Fordham’s faculty, he was a Climenko Fellow at Harvard Law School and an attorney at both Sullivan & Cromwell and WilmerHale.
From 2014-2015, Professor Kent served as Senior Counsel to the Solicitor General, State of New York, Office of the Attorney General.
Professor Kent is a member of the New York City Bar’s Professional Responsibility Committee. He provides appellate representation to the indigent as a member of the Pro Bono Panel of the U.S. Court of Appeals for the Second Circuit.
Leitner Family Professor of International Law and Co-Founder & Co-Director of the Center on Asian Americans & the Law, Fordham University School of Law
Thomas H. Lee is the Leitner Family Professor of International Law at Fordham, where he teaches civil procedure, constitutional law, federal courts, international law, and the U.S. law of civil-military relations. His meticulously researched and historically-grounded scholarship has argued that the Eleventh Amendment reflected the classical international law principle that only a sovereign state—not its citizens or subjects— has rights against other sovereign states; that the Alien Tort Statute was a national-security peacekeeping statute, not an international human-rights statute, enacted in 1789 when the United States was a militarily weak state; and that the Natural Born Citizen Clause regarding presidential eligibility reflected natural-law principles of membership by descent as well as domestic birthplace. His current research examines the nature of Article III judicial power and the role of the federal courts in American society.
He is Co-Director of the Center on Asian Americans and the Law, Special Counsel at Hughes Hubbard & Reed, and a Member of the American Law Institute. He was Special Counsel to the General Counsel of the U.S. Department of Defense, a Member of the ICSID Panel of Conciliators, Adviser to the Constitutional Court of Korea, and Visiting Professor at Columbia, Harvard, and the University of Virginia law schools, as well as Faculty Director of International and Graduate Studies at Fordham from 2006 to 2019. Before his academic career, Lee clerked for Judge Michael Boudin of the First Circuit and Justice David Souter of the Supreme Court and served as an active-duty U.S. naval cryptology officer, afloat on submarines and surface combatants and ashore in Korea, Japan, and with the National Security Agency. He holds A.B. (summa cum laude), A.M. (Regional Studies—East Asia), and J.D. degrees from Harvard, where he was Articles Chair of the Harvard Law Review and a Ph.D. candidate (ABD) in Government.
Senior Fellow, National Security Institute, Antonin Scalia School of Law, George Mason University; Retired Professor, Distinguished Fellow and Co-Founder, Center for National Security Law, University of Virginia School of Law (1987-2020)
Robert F. Turner holds both professional and academic doctorates from the University of Virginia School of Law. He co-founded the Center for National Security Law with Professor John Norton Moore in April 1981 and served as its associate director for 39 years, except for two periods of government service in the 1980s and during 1994-95, when he occupied the Charles H. Stockton Chair of International Law at the U.S. Naval War College in Newport, Rhode Island. He retired from UVA in January 2020 and currently serves as a non-resident senior fellow at the GMU National Security Institute. He also served briefly in 2020 as President of the Crime Prevention Research Center—one of the most respected pro-Second Amendment groups in the country—while its founder, Dr. John Lott, was on leave of absence.
A former Army captain and veteran of two tours in Vietnam, Turner served as a research associate and public affairs fellow at Stanford's Hoover Institution on War, Revolution and Peace before spending five years in the mid-1970s as national security adviser to U.S. Senator Robert P. Griffin, a member of the Senate Foreign Relations Committee (where Turner anticipated by seven years the Supreme Court’s landmark INS v. Chadha decision, striking down legislative vetoes). He also served in the executive branch during the Reagan administration as a member of the Senior Executive Service, first in the Pentagon as special assistant to the undersecretary of defense for policy, then in the White House as counsel to the President's Intelligence Oversight Board, and at the State Department as principal deputy and then acting assistant secretary for legislative affairs. In 1986, he became the first president of the congressionally established United States Institute of Peace.
A former three-term chairman of the ABA Standing Committee on Law and National Security (and for many years editor of the ABA National Security Law Report), Turner also chaired the Executive-Congressional Relations Subcommittee of the ABA Section on International Law and Practice and chaired or co-chaired the National Security Law Subcommittee of the Federalist Society’s International and National Security Law Practice Group for several years.
Turner taught undergraduate courses at Virginia on international law, U.S. foreign policy, the Vietnam War and foreign policy and the law in what is now the Woodrow Wilson Department of Politics. In addition, he co-taught National Security Law and advanced national security law seminars on the Indochina War and on war and peace with Moore at the Law School.
The author or editor of 18 books and monographs (including co-editor of the Center's 1,600-page National Security Law & Policy casebook, National Security Law Documents, and Legal Issues in the Struggle Against Terror) and numerous articles in law reviews and other professional journals, Turner has also contributed articles to most of the major U.S. newspapers, including The New York Times and USA Today. In an op-ed published in The International Herald Tribune in September 1990, he and Moore were the first to call for a war-crimes trial for Iraqi dictator Saddam Hussein and for international controls over Iraq's weapons of mass destruction, and the following month he wrote the lead story in The Washington Post Sunday Outlook Section, “Killing Saddam: Would It Be a Crime?,” arguing that Hussein would be a lawful target during Operation Desert Storm. (His reasoning contributed to the modern legal justification for drone strikes targeting specific terrorist leaders.) Three years before the terrorist attacks of September 11, 2001, Turner published an op-ed in USA Today entitled: “In Self-defense, U.S. Has Right to Kill bin Laden.”
In July 2007, he co-authored an article in The Washington Post with former U.S. Marine Corps Commandant General P.X. Kelley, “War Crimes and the White House,” criticizing the use of unlawful “enhanced interrogation techniques” by the Central Intelligence Agency. On the 40th anniversary of the fall of Saigon he authored an article in The Wall Street Journal, “Saigon’s Fall Still Echoes Today,” noting that after the war ended, Hanoi admitted it had made a decision in 1959 to open the Ho Chi Minh Trail and start sending troops, weapons and supplies into South Vietnam to overthrow its government — just as the United States had charged. In 2010 Turner received the first “person of the year” award from SACEI, a major Vietnamese-American human rights organization.
A frequent lecturer and debater, Turner has spoken at more than 100 law schools around the nation and in other fora — taking on as many as four opponents at a time. His debate opponents have included former or future deans of Yale, Stanford, the University of Chicago and Berkeley law schools. Following a 1987 debate against Dean Harlan Cleveland (Rhodes Scholar, U.S. Ambassador to NATO, and Presidential Medal of Freedom recipient) in which Turner defended the legality of U.S. support for the Nicaraguan contras during the Reagan Administration, the host student debating societies awarded Turner the victory by an 85-to-15 percent margin.
Turner has also written and lectured widely on University of Virginia founder and America’s third president Thomas Jefferson. In 2000-2001 he chaired the Jefferson-Hemings Scholars Commission. In his 2012 book Master of the Mountain, Jefferson critic Henry Wiencek described Turner as “Jefferson’s chief scholarly defender."
A former distinguished lecturer at the U.S. Military Academy at West Point, Turner is a member of the Council on Foreign Relations, the Academy of Political Science, the Committee on the Present Danger, The Heterodox Academy, and other professional organizations. He maintained a 4.0 gpa as a graduate student at Stanford in History and Political Science and in the UVA Department of Government and Foreign Affairs and was the first person admitted directly to the UVA academic law doctorate (SJD) program without first being required to earn an LL.M. master’s degree. He was selected for inclusion in Who’s Who in American Law less than two years after graduating from law school and Who’s Who in the World before he reached the age of 40. Turner has testified before more than a dozen different congressional committees on issues of international or constitutional law and other topics.
Vice President for Legal Affairs, Goldwater Institute
Associate Justice of the New Jersey Supreme Court
South Carolina Supreme Court
John W. Kittredge was born in Greenville, South Carolina in 1956 and is the son of Elwyn Herbert, Jr. (deceased) and Marian Jeffries Kittredge. John married Lila Graham Hewell on June 20, 1981. John and Lila have three children, Lila Marian, Will and Zay. The Kittredges are members of First Presbyterian Church in Greenville.
Justice Kittredge graduated from the University of South Carolina, summa cum laude, in 1979. He graduated from the University of South Carolina School of Law in 1982. Academic honors include Phi Beta Kappa, Order of the Coif, and Wig and Robe.
Justice Kittredge began his legal career as a law clerk to The Honorable William W. Wilkins, Jr. He practiced law in the firm of Wilkins, Nelson and Kittredge. Justice Kittredge was actively involved in community and state service: Governor's Committee on Crime and Delinquency; Governor's Juvenile Justice Task Force; Greenville Technical College Foundation (Vice-President); City of Greenville Civil Service Commission (Chairman); Greenville County Crime Stoppers (President); Board of Directors of Child Evangelism Fellowship. In addition to his admission to the South Carolina Bar, Justice Kittredge is also admitted to practice before the District of Columbia Court of Appeals, United States Court of Military Appeals, United States District Court for the District of South Carolina, United States Fourth Circuit Court of Appeals and the United States Supreme Court.
Justice Kittredge was elected to the South Carolina family court bench in 1991. He was elected to the circuit court bench in 1996, and the Court of Appeals in 2003. Justice Kittredge was elected to the Supreme Court in 2008.
Senior Fellow, Cato Institute
Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
Senior Policy Analyst, Constitutional Policy, Center for American Progress
Ian Millhiser is the Senior Constitutional Policy Analyst for American Progress, where his work focuses on the Constitution and the judiciary.
Ian previously was a Policy Analyst and Blogger for ThinkProgress, held the open government portfolio for CAP’s Doing What Works project, and was a Legal Research Analyst with ThinkProgress during the nomination and confirmation of Justice Sonia Sotomayor to the United States Supreme Court. He also clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit, and has worked as an attorney with the National Senior Citizens Law Center’s Federal Rights Project, as assistant director for communications with the American Constitution Society, and as a Teach For America corps member in the Mississippi Delta.
He received a B.A. in philosophy from Kenyon College and a J.D., magna cum laude, from Duke University, where he served as senior note editor on the Duke Law Journal and was elected to the Order of the Coif. Ian is a frequent speaker on constitutional topics, and has spoken at numerous law schools including Yale, Michigan, Georgetown, Berkeley, New York University, and Boston College. His writings appeared in a diversity of legal and mainstream publications, including The New York Times, the Los Angeles Times, U.S. News and World Report, The Guardian, AOLNews, The American Prospect, Politico, Huffington Post, Slate, The National Law Journal, The Yale Law & Policy Review, and The Duke Law Journal. He has been a guest on CNN, MSNBC, Al Jazerra, and Fox News, and many radio stations including NPR and the BBC.